United States District Court, E.D. Michigan, Southern Division
Matthew F. Leitman Judge.
REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT (DE 18), GRANT DEFENDANT'S
MOTION FOR SUMMARY JUDGMENT (DE 19) AND AFFIRM THE
ANTHONY P. PATTI UNITED STATES MAGISTRATE JUDGE.
reasons that follow, it is RECOMMENDED that
the Court DENY Plaintiff's motion for
summary judgment (DE 18), GRANT
Defendant's motion for summary judgment (DE 19), and
AFFIRM the Commissioner's decision.
Lakkisha Marie Carter, proceeding pro se, brings
this action under 42 U.S.C § 405(g) and 42 U.S.C. §
1383(c)(3) for review of a final decision of the Commissioner
of Social Security (“Commissioner”) denying her
applications for disability insurance (DI) and supplemental
security income (SSI) benefits. This matter is before the
United States Magistrate Judge for a Report and
Recommendation on Plaintiff's motion for summary judgment
(DE 18), the Commissioner's cross-motion for summary
judgment (DE 19), Plaintiff's reply (DE 21) and the
administrative record (DE 15).
Background and Administrative History
alleges her disability began on January 20, 2015, at the age
of 42. (R. at 233.) In her disability report, she lists
arthritis, depression, and anxiety as limiting her ability to
work. (R. at 237.) Her applications were denied on July 24,
2015. (R. at 129-130, 137-38.)
requested a hearing by an Administrative Law Judge
(“ALJ”). (R. at 145.) On May 18, 2017, ALJ Robert
G. O'Blennis held a hearing, at which Plaintiff and a
vocational expert (VE), Deborah A. Determan, testified. (R.
at 45-84.) On November 20, 2017, ALJ O'Blennis issued an
opinion, which determined that Plaintiff was not disabled
within the meaning of the Social Security Act. (R. at 26-44.)
submitted a request for review of the hearing decision/order.
(R. at 189-192.) However, on March 23, 2018, the Appeals
Council denied Plaintiff's request for review. (R. at
1-5.) Thus, ALJ O'Blennis' decision became the
Commissioner's final decision.
timely commenced the instant action on June 1, 2018.
Plaintiff's Medical History
administrative record contains approximately 159 pages of
medical records, which were available to the ALJ at the time
of his November 20, 2017 decision. (R. at 43-44, 313-472
[Exhibits 1F-13F].) These materials will be discussed in
detail, as necessary, below.